ិ ្យាល ័យបញ្ញា សាស្រ្តកម្ពជា

សាកលវទ ុ

PAÑÑĀSĀSTRA UNIVERSITY OF CAMBODIA

Alternative Dispute Resolution

Professor: Kim Pichada

Shift: Evening

Name: Sor Vathana

ID: 62290

Year: 2020
 Journals

Journal 01

(20th November 2019)

This was the first day of the Alternative Dispute Resolution class. The class welcomed
Lecturer Kim Pichada and he started to introduce his background related with works and
academia in Cambodia and Australia. He also mentioned about the GMAC (Government of
Manufacturers Association in Cambodia), Professional organization. Lecturer illustrated the
materials and tasks that students will be doing in this term such as, journal writing, negotiation
discussion, quizzes and so on. The class will mainly focus on three essential lessons. First is
Negotiation, second mediation and third arbitration. Mediator is the third person that ensures
both parties focus on the issues and mediator must be the expert. Arbitrator is the decision maker
who will lose or win the case. Arbitration award is the order or command of the arbitrator.
Judgment is the decision made in Court. The disadvantage of the ADR is the enforcement. ADR
has lots of advantages for the business and political units. Companies could use their
representatives to appear in the legal meetings. Negotiation is considered to be private ways for
business and political disputes by not leaking out to the public unless it is the mediation and
arbitration practice. ADR is seen popular among the population due to the trustless Court System
in Cambodia and people would prefer convenient and quick ways to solve their disputes.
Lecturer also introduced the topics that students will be performing in their Mid-term
examination.
 Journal 02

(11th December 2019)

Main topics to learn in this term are negotiation, mediation and arbitration. Started with
chapter 1 students learn about conflict, dispute, disagreement and argument. In lecturer made
sure that students could catch up the interests of the parties. Conflict is natural merely an
interference primary factor for change. It will importantly depend on how we solve the conflict.
Common causes of the conflicts are belief and value. Human rights and the universal value could
be very similar to practice. The useful functions of the conflicts; it promotes self-identity,
confirm asset-value group and often strengthen the value forming the alliance, often set the
priority and often jeopardize the social justice. Lecturer also taught the styles of conflict
management styles. Compromise style contributes the solutions to the conflicts. Avoidance style
has no responsibilities. The best conflict management style is collaboration style as it cares most
about the benefits and friendship. Conflict is defined as long term and hard to solve. And dispute
is defined as short term and not pretty much serious. Issue means the smaller parts of the dispute.
At the end of the class, lecturer also told students to understand the term of these words (interest,
issue, problem, dispute, conflict).
 Journal 03

(18th December 2019)

Lecturer reminded the students once again about the key terms of interest, issue, dispute,
problem and conflict. He also reviewed about the conflict management style such as
collaboration style, compromise style, competition style and accommodation style. Students have
to identify the interest and issues of the other parties and try to note the solutions. The same goes
to the negotiators, they have to identify the interests and issues of both parties and try to
compromise the agreement. Hidden interest could mean the ice berg of interest. Sometimes you
can’t ask the straightforward questions in negotiation. Do not make serious decisions when
you’re angry or you will regret the choice later on. Communication indeed need morality,
students are advised to research about controlling the feelings and emotions. Negotiators should
ask good and right questions to other parties and finish the issue without mixing up with other
issues to delay more time. They need to be aware of the emotions and not to react strongly to
others. Negotiators need all the 4 main skills (speaking, listening, reading and writing) to
perform better.
 Journal 04

(8th January 2020)

Negotiation is the form of art, communication skill. Appropriate people could mean the
experts. Negotiators have to maximize the strength to prevent the problems in order to
compromise. Lecturer taught about the process for Dispute Resolution
a) judicial dispute resolution called litigation
b) non-judicial dispute resolution
 Journal 05

(15th January 2020)

 Win-win negotiation: communication needed unless it’s fair

 Win-lose: more information and usually mislead.

In chapter 3 students learned about negotiation techniques, lecturer taught about the Collective
Bargaining Agreement (CBA) is not required by the law. Representative of the workers could be
called Shop steward. Games normally have rules, but negotiations do not. When you agree
something with someone, you probably need some requirements or conditions. If you fail to
prepare, you prepare to fail. Lecturer told students to take deep research before someone tries to
take the advantages of you many times.
 Journal 06

(22nd January 2020)

After returning late from trail of Mr. Kem Sokha, lecturer is pleased to share some
information about the trail that took place since the morning. Straw issues are those issues after
the main issues used to exchange the real interests or issues and somehow are considered to be
professional tricky to put pressure on the real need. Mediation can be done in advance or after
the dispute. Mediation is a voluntary-non binding process in which an impartial and neutral
mediator. Mediator or third person needs facilitation skills, not making the decisions only the
disputant could make.

Mediation is one of the useful Dispute Resolution due to there has a abirritation which
stay at the middle. As you can see it can find who is right and wrong as well.
 Journal 07

(29th January 2020)

Drawback of the ADR is the enforcement. When negotiations fail, the failed parties can
choose the Third party (Mediator must be the expert and trusted people). Ground rules depend on
the parties and issues. Ground rules that can reach the agreement are the mediation goals.
Arbitration has institutions such as Arbitration Council and National Commercial Arbitration
Center.
 Journal 08

(05th February 2020)

The arbitrators must come with the odd numbers. Arbitral tribunal also called panel.
Decision in arbitration is called Arbitration award. Students learned about the arbitration
agreement and the arbitration clause. Arbitration is the most formal style of ADR.

Arbitration is need third Party which is call Arbitrators.

Arbitration should use odd number.

Arbitration have no enforcement .

Arbitration is not requirement .

Arbitration need arbitrator to release award.

Award have to include disagree arbitrator.